Tag Archives: debiasing

A few months ago, I published a #30in30 regarding the hindsight bias. As I promised, during this essay, I will give you more information on the impacts on the legal profession as well as on debiasing this classic behavioral bias. This article will be a thorough introduction. Hence, there is no need to read the…

When we created this publication format, our aim was to launch a medium where our members get updated on recent developments in behavioral science. Our Roundups will now be celebrating a comeback for a while. Continuing in the spirit of previous publications, the aim is to provide you with a number of interesting topics too…

An individual has been described by a neighbor as follows: “Steve is very shy and withdrawn, invariably helpful but with little interest in people or in the world of reality. A meek and tidy soul, he has a need for order and structure […], and a passion for detail.” Is Steve more likely to be…

I am not sure whether the saying “to bury one’s head in the sand” is known worldwide. In Germany it is associated with ostriches, allegedly burying their head to avoid danger. Of course, this is a mere fairy tale. But from the image in our mind, we can draw interesting conclusions – for our personal…

Although the Framing Effect is widely known in modern medicine, it likewise has a great impact on the legal profession. Research shows that the human mind is prone to errors in connection with different ways of framing choices. By reading this article you will discover how different ways of presenting options affect the decision-maker. You might be surprised that the Framing Effect is strongly connected to age – and that in your case it can only get worse.

The picture superiority effect implies that human memory is more likely to remember pictures rather than words. The American psychologist, Allan Paivio, discovered that our memory uses both verbal associations and visual imagery to represent information. The advantage of pictures over verbal information has large implications in advertisement and education. But this effect also has an influence on the judicial system of jury-trial courts.

The next time you hear the words “Had you asked me, I could have told you that would happen” you will remember: There is no rational reason to be annoyed. Our brains cannot help but think this way: Tricked by the Hindsight Bias, people tend to rate the likelihood of events higher when already knowing the actual outcome.
What is annoying in our everyday lives can turn hazardous when giving legal advice to your clients. Moreover, both judges and juries are likely to be misguided into applying a much higher standard of proof – especially in cases involving unresolved questions of negligence.

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